Dr Indrajit Das Vs Sristi Majumdar — Writ and Judicial Review | Calcutta HC (2025)

Dr Indrajit Das Vs Sristi Majumdar — Writ and Judicial Review | Calcutta HC (2025)

What the court decided

AI extract

Outcome

CO 1664 of 2025 disposed by requesting the learned Additional District Judge, Fast Track Court No. 5 at Barasat to proceed with the hearing of Matrimonial Suit No. 1292 of 2020 in accordance with the directions passed by this Court dated 16th April, 2024 in CO 295 of 2024; no notice on the opposite party; petitioner's advocate to forward a copy of the application and order to the opposite party or their advocates before the trial judge; urgent photostat certified copy to be furnished on application.

Issue for consideration

Whether the Court should direct the learned Additional District Judge, Fast Track Court No. 5 at Barasat to dispose of Matrimonial Suit No. 1292 of 2020 expeditiously, in view of the earlier direction dated 16th April, 2024 in CO 295 of 2024 and the alleged inaction of the trial court.

Court's answer

CO 1664 of 2025 is disposed of by requesting the learned Additional District Judge, Fast Track Court No. 5 at Barasat to proceed with the hearing of the suit in accordance with the directions passed by this Court dated 16th April, 2024 in CO 295 of 2024.

Ratio / Principle

In view of the order sought and proposed to be passed, the Court held there was no necessity to direct issuance of any notice upon the opposite party.

Key takeaways

The learned advocate for the petitioner is obliged to forward a copy of the application along with the order upon the opposite party or upon the learned advocates representing the opposite party before the learned Trial Judge.ratio¶13
Urgent photostat certified copy of the order, if applied for, is to be furnished to the parties expeditiously upon compliance of all legal formalities.obiter¶16

Detailed headnote1 paragraphs

Husband's application under Article 227 of the Constitution of India (CO 1664 of 2025) praying for a direction upon the learned Additional District Judge, Fast Track Court No. 5 at Barasat to dispose of Matrimonial Suit No. 1292 of 2020 expeditiously. A Coordinate Bench had, by order dated 16th April, 2024 in CO 295 of 2024, disposed of an earlier civil revision with a direction to make a sincere endeavour to dispose of the suit expeditiously, preferably within six months from the next date fixed, provided the husband continued to pay maintenance pendent lite, if any, as directed, with adequate opportunity to the parties to contest. Learned counsel submitted that despite that order the trial judge was not making any such endeavour. The Court noted that the petitioner's application dated 27th February, 2025 before the trial judge was fixed for hearing on 22nd May, 2025, and, holding notice on the opposite party unnecessary, disposed of CO 1664 of 2025 by requesting the trial court to proceed with the hearing in accordance with the directions dated 16th April, 2024 in CO 295 of 2024. The petitioner's advocate was directed to forward a copy of the application and the order to the opposite party or their advocates before the trial judge; urgent photostat certified copy permitted. (Hiranmay Bhattacharyya, J.; order dated 15.05.2025.)

15.05.25 20 Ct. No. 06 Sws.M

CO 1664 of 2025

Dr. Indrajit Das

vs.

Mrs. Sristi Majumdar

Mr. Mahadeb Sarkar Mr. Bikash Chowdhury

….for the Petitioner

This application under Article 227 of the Constitution of India is at the instance of the husband praying for a direction upon the learned Additional District Judge, Fast Track Court No. 5 at Barasat to dispose of the Matrimonial Suit No. 1292 of 2020 expeditiously.

Learned advocate appearing for the petitioner draws the attention of the Court to an order dated 16^th April, 2024 passed in CO 295 of 2024 wherein a Coordinate Bench disposed of the said civil revision application with a direction upon the learned Court to make a sincere endeavour to dispose of the suit expeditiously, preferably within six months from the next date fixed, provided the husband continues to pay the maintenance pendent lite, if any, had been directed by the competent court. It was also observed therein that adequate opportunity shall be granted to the parties to contest the same.

Learned advocate for the petitioner submits that inspite of the said order the learned Trial Judge is not making any endeavour to dispose of the suit expeditiously.

In view of the order sought and proposed to be passed, this Court feels that there is no necessity to direct issuance of any notice upon the opposite party.

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However, learned advocate for the petitioner shall be obliged to forward a copy of this application along with this order upon the opposite party or upon the learned advocates representing the opposite party before the learned Trial Judge.

From the order sheet appended to this application this Court finds that the petitioner herein filed an application dated 27^th February, 2025 before the learned Trial Judge and the hearing of such application has been fixed on 22^nd May, 2025.

In the light of the submissions made by the learned advocate appearing for the petitioner, CO 1664 of 2025 is disposed by requesting the learned Additional District Judge, Fast Track Court No. 5 at Barasat to proceed with the hearing of the suit in accordance with the directions passed by this Court dated 16^th April, 2024 in CO 295 of 2024.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.

(Hiranmay Bhattacharyya, J.)